Video/Audio Recording

Is it permissible in Florida to share a video/audio recording with another resident (unit owner) if it was recorded by a unit owner?

A video of the monthly hoa board meeting. A video of the board members. For the residents that were not able to make the meeting, can I share the video/audio with them?

I wouldn't post it on Youtube but that's me. Other than that, you are allowed to record meetings in FL: 720.306 Meetings of members; voting and election procedures; amendments.—

(10) RECORDING.—Any parcel owner may tape record or videotape meetings of the board of directors and meetings of the members. The board of directors of the association may adopt reasonable rules governing the taping of meetings of the board and the membership.

So sure share away.

Notice the wording of the section: The board of directors of the association may adopt reasonable rules governing the taping of meetings of the board and the membership.

Not may adopt reasonable rules for dissemination. Whether the Board likes it or not, the tape is your property.

Hi LD....

The following article may be of interest to you. It is authored by Atty Joseph Adams of Becker and Poliakoff....

What Owner Does With Video of Board Meeting Probably Beyond Board’s Control
By Joseph Adams on September 26th, 2012

Posted in Reader Q&A

Question: I am on a building advisory committee for my homeowner’s association. Recently, a home owner came into our meeting and started videotaping it. No votes were taken at the meeting. There is concern that this owner will post videos of our association’s meetings on one of the popular internet video sites. If they do this, outsiders (such as contractors who have submitted competitive bids against each other) can see our business. Can we prevent this? A.C. (via e-mail)

Answer: Interesting question.

First, according to Section 720.306(10) of the Florida Homeowners’ Association Act, parcel owners have the right to tape record or videotape meetings of the board of directors and meetings of members. There is no right in the statute to videotape meetings of committees. Therefore, I believe the committee’s chair can prevent recording of committee meetings, certainly the board of directors would have the right to do so.

As to videotaping board or members’ meetings, the statute does not provide any authority for the association to limit what an owner does with the video recording. The recording is, after all, his or her property. The law does say that the board may adopt reasonable rules “governing the taping of meetings.”

I suppose one could argue that posting board meetings to internet video sites serves no legitimate purpose, and can compromise potentially sensitive information, such as the bidding example you discussed, or perhaps approval of a parcel transfer. However, since the right to videotape board and member meetings is in the nature of a “sunshine law.” I suspect that a court would side with the member’s right to do what they want with the video recording.

http://www.floridacondohoalawblog.com/2012/09/articles/qa/what-owner-does-with-video-of-board-meeting-probably-beyond-boards-control/

HTH,
Ann

The only problem with that is you can't control what someone else will do with a copy of the video. They could post it on the internet

And you know how lawsuits work. Anybody that's in any way involved gets named as a defendant. The argument could be the person shouldn't have given a copy without getting a signed agreement not to post the copy publicly. (It's called CYA).

Really? I know from reading about some lawsuits that have happened locally that it's not as nonsensical as it sounds. Sure, in most cases the suits against some of the named defendants often get dismissed, but there's no 100% guarantee that will happen in every case.

Yes, you can show your neighbor the video of your recent HOA meeting. Out of respect for your community, do not re-edit the footage and post it to YouTube to make a political statement. The entire neighborhood looks much worse, and you achieve nothing, in the process.

What also can be said.....HOA directors need to be willing to be transparent in meeting dealings if multi-media recording is involved, If you can't handle that scrutiny, you have no business telling your neighbors how they should manage/regulate or use their property.

I was on a Fraternal Organization's BOD where we audio taped all our BOD meetings. We also charged $25.00 per copy if any member requested such.

I have no issues being audio nor video taped while on a BOD. I say keep it all open and above board that way fewer can/will question the BOD's activities.

Please refer to florida statue 730.306 (10) recording. I am not an attorney but believe this association statue is not the same as the wire tapping statue as this is sneaky and unlawful.

If you attend an association meeting in some states there is a chance that you will be videotaped. That is one consequence of living within an HOA or condo and attending board meetings. BTW, the average person going about their daily lives is taped around 30 times a day by various surveillance cameras. Get used to it.


Yes. Serving on a board subjects the board member to the same laws that govern any other public official. If personal privacy is a first priority then one should not seek a seat on a board.


In Florida, Arizona, and some other states the legislatures have already enacted laws to allow taping. The boards in those states have no authority to vote to allow or disallow taping as the decision has been made for them. If a board member objects to being taped his remedy is to not serve on the board. A homeowner implies his consent by attending the meeting. If he wishes to avoid being taped, his remedy is either to not attend the meeting and/or not live in an HOA or condo.


It may seem at first that the laws for taping meetings and taping telephone calls should be consistent. Telephone calls are communications between two people who have some expectation of privacy. A person attending an open meeting has no such expectation and the laws regarding taping phone calls have no relevance.

The laws you cited you cited are both state statutes enacted by their respective legislatures. There is no requirement that laws be consistent. For example, in Arizona it is illegal to post the home address of an elected official on the internet yet the elections department is required to do just that if the official has disclosed his home address. Go figure.

Taping a meeting where the entire community is invited will not violate any law or statute as there is no perception that the conversations held at an open meeting are private in nature. I'm no lawyer but that's a simple one.

That said, if you wanna sit in the front of the room and rule over your neighbors, you must be willing to accept that your open deliberations be possibly recorded and should welcome the transparency at the expense of personal comfort. I can understand camera discomfort but transparency is key. Thought-provoking thread. Much appreciated.